The 43-year-old businessman is accused of operating a multimillion dollar mail fraud involving shipping companies FedEx, UPS and DHL. Prosecutors say he stole millions of dollars from the shippers by creating phony accounts that fraudulently billed major companies like Target, WalMart and Apple between 2007 and 2012.

It's not clear what his defense against the mail fraud charges are, but Scotton says he's trying to introduce the tapes — purportedly made with his wife — to demonstrate that his marriage to her was real, and not merely a ploy to get permanent resident status.